A Chief Magistrate Court in Yaba has granted bail to an activist, Comrade Hassan Taiwo, alias Soweto, and Dele Frank following their arraignment by the Lagos State Police Command on Thursday.
The duo were arrested on Wednesday and charged to court for their alleged involvement in a protest at the Lagos State House of Assembly against illegal demolitions, forcible evictions and land grabbing.
The defendants were charged on five counts bordering on conspiracy, conduct likely to cause breach of peace, threats, unlawful assembly, obstruction of traffic, and singing abusive songs against the police and the Lagos State Government.
The Police Prosecution Counsel, Anthony Ihiehie, informed the court that Soweto, Frank and others still at large conspired and committed the alleged offences on January 28, 2026, at Allen Avenue, Alausa and the State House of Assembly premises.
According to the prosecutor, “They engaged in conduct likely to cause breach of peace, threatened violence, formed unlawful assembly and obstructed the free flow of traffic,” Ihiehie said.
He alleged that the defendants “threatened members of the public who refused to join the protest.”
The prosecutor also stated before the court that the defendants also “blocked the highway with a vehicle carrying a public address system and sang abusive songs against the police and the Lagos State Government with intent to provoke and tarnish the image of the government.”
According to the prosecutor the alleged offences contravened Sections 411, 56, 57 and 57(c) of the Criminal Law of Lagos State, 2015.
But the duo pleaded not guilty to the charges.
When an human rights lawyer, Femi Falana, SAN, announced his appearance for the defendants, the Police prosecutor objected.
Ihiehie told the court that an Oyo State High Court judgement delivered in 2025 barred Senior Advocates of Nigeria, SANs, from appearing in lower courts.
The senior lawyer countered the objection, saying, “Section 36(6)(c) of the Constitution gives every defendant the right to be defended by a legal practitioner of his choice.”
“The case cited by the police is from Oyo State. The police are not current with the laws of Lagos State,” Falana added.
The learned silk further argued that Lagos State laws expressly permit SANs to appear before Magistrates’ Courts.
“Section 9 of the Lagos Magistrates’ Court Law provides that all legal practitioners called to the Bar, regardless of title or rank, can appear in any Magistrates’ Court in the state,” the lawyer said.
Falana further urged the court to discountenance the police’s objection, describing it as “an attempt to obstruct and delay the proceedings.”
Falana also recalled that in a 2016 case, he appeared before the same court alongside another SAN, Adeyinka Olumide-Fusika, against the same police counsel without any objection.
In her ruling, Magistrate Mrs. I.O. Alaka agreed with Falana.
“I am in agreement with the submission of the learned Silk that the rank of SAN is not a restriction. All lawyers can appear in all courts,” the magistrate held.
Following the arguments, Falana applied for bail for the defendants on liberal terms.
“These charges are completely illegal as they violate Sections 39 and 40 of the Constitution on freedom of expression and assembly,” he argued.
“They have been detained since yesterday with no contact with the outside world. They need to go home and change. They have been injured. I urge the court to release them to me. I know them; they are responsible Nigerians,” Falana said.
In sustained effort to oppose their bail application, Ihiehie said, “As much as bail is free, if the court grants them bail, these young men may go back and block the National Assembly.”
“We are pleading with the court to grant them bail on conditions that will make them recognise the seriousness of the case and ensure they appear in court,” he told the Magistrate.
In her ruling on the application, the Magistrate granted the defendants bail in the sum of N200,000 each with two responsible sureties in like sum.
Magistrate Alaka subsequently adjourned the case to March 11, 2026, for mention.
After the ruling, the senior advocate undertook to take responsibility for the defendants’ appearance in court.
“I want to undertake that the defendants be released to me personally, and I am undertaking personally to produce them tomorrow morning so they can meet their bail conditions.
“My learned friend can attest that I have never broken my word,” Falana said.
Ihiehie said he was unaware of that.
The Magistrate then asked Falana, if he attested to knowing the defendants.
“You attest that you know them very well? Magistrate Alaka asked.
“Yes my lord. I am the one that intervened between them and the police so the rally could hold yesterday.”
The Magistrate, said “I release them to the learned Silk. I am very sure the learned Silk understands the consequences of this ruling”.
Falana responded, “Of course my lord”.
